How Will the EAC Operate with No Commissioners?

An EAC spokesperson, Jeannie Layson, tells BNA “that EAC staff would continue to operate the small agency even without any commissioners. The four-member commission has not had a quorum of commissioners to vote on actions for over a year, she noted. “We’ll continue certifying voting equipment, notifying the public about voting system performance and gathering and sharing best practices in elections under the national clearinghouse,’ Layson said.”

Really? Is there any precedent for staff having authority to operate an agency which has no commissioners?

Essay: Race or Party, Race as Party, or Party All the Time: Three Uneasy Approaches to Conjoined Polarization in Redistricting and Voting Cases, William and Mary Law Review (forthcoming 2018) (draft available)

After Scalia: The Future of United States Election Law, America-Ho (in Japanese, forthcoming 2016)